Joe Berlinger's case yields preliminary "wins" for both sides
Both sides have claimed early victories in the case of documentarian Joe Berlinger vs. Chevron over access to the raw footage he shot for his expose “Crude” on Amazonian oil exploitation. I’ve blogged about the case and the filmmaking community reaction here.
On Thursday, the appeals judge ruled that Berlinger must turn over Crude footage that does not appear in any public version of the film’s release if it shows the counsel for the plaintiffs in the Lago Agrio class action lawsuit against Chevron or any experts or Ecuadorian government officials involved in that case.
This is bad news for the plaintiffs in that case, and likely good news for Chevron. Thankfully, the court also found that Chevron had to use the footage strictly for legal defense purposes and could not use if for marketing or other PR purposes. But whether this decision means that filmmakers can rest assured that their footage is safe from similar “takings” is still pretty unclear.
As for the case’s potential use as precedence on non-confidential information and journalist’s privilege in the future, Floyd Abrams, the famed First Amendment lawyer representing the media amici, cautioned that a ruling alone is not enough grounds to gauge its future applications. “We have to wait for the opinion of the court to see how they applied the law,” Abrams said. “It’s too early to tell where we’re going in this area.”
Berlinger himself seems both confident that the court will ultimately uphold the narrowing of the original request and the difficulty of any court appeal to prevail:
Most appeals are unsuccessful and the appealing party has a lot to prove. I was very relieved the court seemed to be sympathetic to my primary concerns about the case. Nobody expects the decision to be completely reversed. Having covered the legal process, I know there are times you want journalists to be compelled. But it can’t just be a fishing expedition. If I knew I had any evidence that was exculpatory, I would want the footage to be turned over. But only if the First Amendment standards of true relevancy and exclusive access of information are met.
